Overstayed 9 months and now wants to return to the US

#22
Hi Everyone,

First and foremost thank you all for your contributions to my initial post. I had my US Visa interview this morning and this is what transpired after the initial greeting from the consular officer.

Q What is the purpose of your travels to the US
A Tourism, my husband is taking me to NY City for the weekend celebrating my birthday.

As he looks at my old passport and notices my US Visa - checks his computer etc - he states:

Q why are you applying for a new Visa when you already have a US Visa?
A On my last trip to the United States I overstayed and assume my Visa was cancelled.

He responds: your Visa is not cancelled as we don't have your departure date leaving the United States.
I explained I entered the US in Sept 2014 and left in Dec 2015. I explained the cause of the overstay in detail - told him I was regretful etc

He documented those dates and confirmed my overstay. He mentioned because I was not removed from the US and left willingly on my own, and because I'm a permanent resident of Canada and based on the my ties to Canada (married, property owner, have a job etc) he would issue me a new US Visa.

I was not told I needed to apply from Brazil etc - Super nice guy and the interview was friendly and lasted a whopping 3 minutes. I spent 10 hrs of prep time gathering documents and he barely looked at my file.

Today, was my lucky day

Kind personal regards
J
 

SusieQQQ

Well-Known Member
#23
Lucky indeed! Congratulations.

Interesting that they didn’t have your previous overstay on record therefore no cancellation...
 

1AurCitizen

Registered Users (C)
#24
Nice!

I read somewhere that flight manifests (int'l flights leaving the US) are sent to USCIS. That's how US exits were said to be reported. Now I wonder whether that's indeed true, or how did OP's departure not get recorded? Mystery.
 

SusieQQQ

Well-Known Member
#25
Nice!

I read somewhere that flight manifests (int'l flights leaving the US) are sent to USCIS. That's how US exits were said to be reported. Now I wonder whether that's indeed true, or how did OP's departure not get recorded? Mystery.
Every exit of mine is on record, including periods around when OP left. They even linked my old passport when I only put ny new passport number in. It is very interesting. OP, did you exit through a land border or fly?
 
#26
indeed strange - I flew direct from Miami to Sao Paulo, Brazil. My husband sponsored me from Canada and had my PR in October same year.

Officer requested to see proof I flew to Brazil after leaving Florida. I provided copies of airline tickets which he would not accept. He did accept an original copy of my Brazil marriage certificate though ...
 
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